Arkansas Code of 1987 (2023)
Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101)
Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101)
Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303)
Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446)
Section 5-64-436 - Possession of a Schedule VI controlled substance with the purpose to deliver

• (a) Except as provided by this chapter, it is unlawful if a person possesses a Schedule VI controlled substance with the purpose to deliver the Schedule VI controlled substance. Purpose to deliver may be shown by any of the following factors:
  • (1) The person possesses the means to weigh and separate a Schedule VI controlled substance;
  • (2) The person possesses a record indicating a drug-related transaction;
  • (3) The Schedule VI controlled substance is separated and packaged in a manner to facilitate delivery;
  • (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule VI controlled substance;
  • (5) The person possesses at least two (2) other controlled substances in any amount; or
  • (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule VI controlled substance.

• (b) A person who violates this section upon conviction is guilty of a:
  • (1) Class A misdemeanor if the person possessed by aggregate weight, including an adulterant or diluent, fourteen grams (14g) or less of a Schedule VI controlled substance;
  • (2) Class D felony if the person possessed more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance;
  • (3) Class C felony if the person possessed four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance;
  • (4) Class B felony if the person possessed twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance; or
  • (5) Class A felony if the person possessed one hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance.

Acts 2011, No. 570, § 57.